Best Wage & Hour Lawyers in Carrigaline

About Wage & Hour Law in Carrigaline, Ireland

Wage and hour rules in Carrigaline are set by Irish national law and apply equally across County Cork and the rest of the State. These rules cover minimum pay, working time limits, rest breaks, public holiday and annual leave entitlements, sick pay, and how wages may be paid and deducted. Enforcement is primarily handled by the Workplace Relations Commission, known as the WRC, with appeals to the Labour Court. Local context still matters, because many people in Carrigaline work in sectors that may have additional pay floors set by sectoral orders, and because hearings and inspections are carried out locally in the Cork region.

For most workers, the key pillars are the Organisation of Working Time Act 1997, the Payment of Wages Act 1991, the National Minimum Wage Act 2000, the Workplace Relations Act 2015, the Employment Miscellaneous Provisions Act 2018, the Sick Leave Act 2022, and any Sectoral Employment Orders or Employment Regulation Orders that apply to their trade.

Why You May Need a Lawyer

People in Carrigaline often seek legal help when pay or hours do not match the law or the contract. Common situations include unpaid wages or overtime, rates below the national minimum wage, failure to provide rest breaks or paid annual leave, disputes about Sunday premiums or public holiday pay, irregular rosters that breach working time limits, deductions for till shortages or uniforms without proper consent, incorrect tips distribution, and problems with contracts that promise one level of hours but deliver much less. A lawyer can assess whether you are an employee or a contractor, gather and preserve evidence, write formal letters to your employer, engage with the WRC or the Labour Court, and seek compensation or orders to correct unlawful practices.

Employers also benefit from advice to design compliant rosters, contracts, and payroll systems, to respond to WRC inspections, to manage flexible and part time staff fairly, and to resolve disputes early to avoid claims.

Local Laws Overview

Minimum wage. As of 2024 the national minimum wage is 12.70 euro per hour for most adult workers. Sub minimum rates may apply to younger workers, for example under 18s receive a percentage of the adult rate. Sectoral Employment Orders and Employment Regulation Orders can set higher legal minimums in certain industries such as construction, electrical contracting, and contract security. Your contract or collective agreement may also promise higher pay.

Working time and rest. The maximum average working week is 48 hours, normally averaged over 4 months. Workers are entitled to at least 11 consecutive hours rest in every 24 hour period and 24 consecutive hours rest in each 7 day period, which is usually a Sunday. Breaks must include at least 15 minutes after 4.5 hours and 30 minutes after 6 hours, which can include the first 15 minutes. Night work and young workers have additional protections.

Sunday work. If Sunday is part of your normal work pattern, you are entitled to a reasonable level of compensation by way of a premium, paid time off, or a combination, if not already included in your basic rate.

Public holidays and annual leave. There are 10 public holidays in Ireland, including St Brigids Day in early February. Entitlements include a paid day off, an extra day of annual leave, or an extra day of pay, depending on work patterns. Part time workers generally qualify if they have worked at least 40 hours in the 5 weeks before the holiday. Statutory annual leave is at least 4 working weeks per leave year, calculated by one of several methods, including 8 percent of hours worked up to a cap of 4 weeks. Many contracts provide more.

Sick pay. The Sick Leave Act 2022 introduced statutory employer paid sick leave for employees with sufficient service who are medically certified as unfit for work. The entitlement is being phased in. As of 2024 it is 5 days per year, paid at 70 percent of normal pay subject to a daily cap, with planned increases over time by ministerial order.

Zero hour and banded hours. Zero hour contracts are largely prohibited except in limited circumstances. If your actual hours over a 12 month look back do not match the hours stated in your contract, you can request placement in a band of hours that reflects what you typically work. There are also minimum payment protections if you are called in and sent home early.

Overtime. There is no general statutory overtime premium in Ireland. Entitlement to premium rates comes from your contract, a collective agreement, or a sectoral order. The 48 hour average weekly limit still applies.

Wages and deductions. Employers must provide itemised payslips and may only make deductions that are required by law, agreed in writing, or for specific reasons set out in legislation and communicated in advance. The Payment of Wages Act 1991 protects against unlawful deductions and delays in pay.

Tips and gratuities. The law requires transparency about how tips are distributed and prohibits using tips to make up contractual wages. Service charges added by a business are not tips unless clearly stated for the benefit of staff.

Enforcement. The WRC investigates complaints, conducts inspections, and can order compensation or require compliance. Most pay and working time complaints must be lodged within 6 months of the alleged breach, with a possible extension to 12 months for reasonable cause. Appeals go to the Labour Court. WRC services and hearings operate in the Cork region serving Carrigaline.

Frequently Asked Questions

What is the current minimum wage in Carrigaline

The national minimum wage applies in Carrigaline. As of 2024 it is 12.70 euro per hour for adult workers, with percentage rates for younger workers. Some sectors have higher legal minimums set by sectoral orders, and your contract may promise more.

Am I entitled to overtime pay if I work more than 40 hours

Irish law caps average weekly hours at 48 but does not set a general overtime premium. Whether you receive time and a half or another premium depends on your contract, a collective agreement, or a sectoral order. The average 48 hour limit still applies.

What breaks am I legally entitled to during the day

If you work more than 4.5 hours you must get at least a 15 minute break. If you work more than 6 hours you must get at least a 30 minute break, which can include the first 15 minutes. Breaks should be uninterrupted and cannot be at the end of the shift in lieu of a proper rest break.

Do I get extra pay for working on Sundays

If Sunday is part of your normal work, you are entitled to a reasonable level of compensation, such as a premium, paid time off, or a mix. If your basic pay already includes compensation for Sunday work, no extra may be due. The contract should make this clear. Disputes can be taken to the WRC.

How does public holiday pay work if I am part time

Part time workers are entitled to public holiday benefits if they have worked at least 40 hours in the 5 weeks before the holiday. The benefit is usually a paid day off, an extra day of annual leave, or an additional days pay, with the method depending on your work pattern.

Can my employer deduct money for till shortages, breakages, or uniforms

Deductions are only lawful if required by law, provided for in a written contract or a signed written statement notified in advance, and made in a fair and reasonable manner. There are additional safeguards for cash shortages and till discrepancies. If the rules are not followed, the deduction can be unlawful.

What are my rights to sick pay

Statutory sick pay applies to employees with the required service who provide a medical certificate confirming they are unfit for work. As of 2024 you can receive up to 5 paid sick days per year at 70 percent of normal pay subject to a daily cap, with a planned increase over time. Employers may offer more generous contractual sick pay schemes.

My contract says 10 hours per week but I regularly work 20. Can I fix this

Yes. After 12 months with your employer you can request to be placed in a band of hours that reflects the hours you actually worked over that period. The employer should place you in the appropriate band unless there is a genuine business reason not to. This helps align pay and hours with reality.

How do I make a complaint about unpaid wages or breaches of working time

Keep records of hours, rosters, clock in data, payslips, and communications. Raise the issue in writing with your employer first. If not resolved, you can lodge a complaint with the WRC within 6 months of the breach, extendable to 12 months for reasonable cause. The WRC may offer early resolution, mediation, or a formal adjudication hearing. Decisions can be appealed to the Labour Court.

Am I an employee or self employed for wage and hour protection

Your label in the contract is not decisive. The WRC and courts look at factors such as control, integration into the business, financial risk, ability to subcontract, and how pay is calculated. If you are effectively working as an employee, wage and hour protections are likely to apply even if you were called a contractor.

Additional Resources

Workplace Relations Commission. The State body that inspects employers, hears complaints about pay and working time, and publishes codes of practice. It operates services and hearings for the Cork region serving Carrigaline.

Labour Court. Hears appeals from WRC decisions and sets binding interpretations on many employment law issues.

Citizens Information. Provides clear explanations of employment rights, including minimum wage, working time, public holidays, and sick pay. There are services available across County Cork.

Trade unions such as SIPTU, Mandate, Unite, and Fórsa. Unions advise members on pay and hours, negotiate with employers, and support WRC and Labour Court cases.

Free Legal Advice Centres, known as FLAC. Offers free and confidential legal information and advice through a national phone line and local clinics, including in Cork.

Department of Enterprise, Trade and Employment. Publishes employment law, codes of practice, and information on sectoral employment orders and employment regulation orders.

Department of Social Protection Insolvency Payments Section. If an employer becomes insolvent, this scheme can cover certain unpaid wages, holiday pay, and other statutory entitlements.

Next Steps

Document everything. Keep your contract, staff handbook, rosters, timesheets, clock in records, payslips, P60 or employment detail summary, bank statements, and any texts or emails about hours or pay. Write down dates and times when rest breaks were refused or you were sent home early.

Raise the issue internally. Politely set out your concern in writing, refer to the specific entitlement you believe applies, and propose a practical fix. Keep a copy. Many disputes settle quickly once the issue is clearly put.

Get advice early. Speak with a solicitor experienced in employment law, your trade union if you are a member, or a reputable advice service. Time limits are short, usually 6 months, so do not wait.

Consider WRC options. If the issue is not resolved, prepare a WRC complaint. You can seek early resolution, mediation, or a formal hearing. Gather your evidence and prepare a short timeline and calculation of what you believe is owed.

Prepare for outcomes. Remedies can include arrears of pay, compensation, corrected records, and compliance orders. Either party can appeal to the Labour Court within the statutory time.

This guide is general information for people in Carrigaline and is not legal advice. Employment law changes regularly. Check the current position and get tailored advice before taking action.